Mongolian national Altantuya's father Shaariibuu Setev has withdrawn his judicial review application to compel the Attorney-General's Chambers to appeal against the acquittal of political analyst Abdul Razak Baginda over his daughter's killing.

karpal singh altantuya murder case pc 240608 02 Shaariibuu's lawyer Karpal Singh said the withdrawal was done after taking into consideration two case laws that it was the AG's discretion on whether to appeal.

Karpal said to appeal further would result in them pursuing the matter to the Federal Court and this would be costly.

"I received instructions to withdraw the case but we will carry on with the civil suit against the two policemen and Abdul Razak," he said.

He added Shaariibuu communicated to him through an email from the Mongolian director of consular department D Gankhuyag dated Aug 25 to confirm the withdrawal.

Justice Hinshawato Shariiff allowed Karpal's application to strike out the matter with no order as to costs.

Senior federal counsel Kamaluddin Md Said, who heads the appellate and trial division of the AG chambers, appeared on behalf of the AG. Lawyer Wong Kian Kheong held a watching brief for Abdul Razak.

In the application filed on Dec 24, last year, Shaariibuu had sought leave to compel the AG to appeal against Abdul Razak's acquittal without his defence being called.

He named the AG and Abdul Razak as respondents.

Two policemen were however found guilty of killing Altantuya and sentenced to death in April 2009.

Abdul Razak, 48, was charged with abetting two policemen in the murder of the 28-year-old Mongolian in 2006. He was acquitted and discharged by Justice Mohd Zaki Md Yassin on Oct 31 last year without his defence being called.

Karpal: PM should move for settlement

Karpal, commenting the decision to withdraw, said his client was left with little choice as the two case laws - Long Samat vs Public Prosecutor and NB Menon vs Abdullah Kutty - clearly stipulated that the AG has full discretion on whether to file an appeal.

"I filed the judicial review based on precedents set in Commonwealth countries that this decision is challengeable. However we are bound by the Federal Court decisions and mounting a challenge up to the apex court would certainly be costly," he said.

abdul razak baginda altantuya mongolian case 040607 lead "We still feel that the AG should have filed an appeal in this case against Abdul Razak's acquittal.

"I think it is necessary for the government and Parliament to relook or review the powers of the AG as his powers are very vast on whether to prosecute or not or to file an appeal or not," added the senior lawyer.

The AG's powers are derived under Article 145 (3) of the federal constitution which states the AG shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native court or a court-martial.

For this reason, Karpal said he received instructions from Shaariibuu to concentrate on the civil suit.

He also said that the government, especially Prime Minister Najib Abdul Razak, should move for an out-of-court settlement. The government has also been named as a party in the civil suit.

"I think since the court has convicted the two policemen, the government should duly settle the matter out of court. The funds could be used to support Altantuya's children."

"It is also important to put the Altantuya saga to a rest," he said.

Karpal said Shaariibuu's civil suit against Abdul Razak and the two special forces policemen was scheduled to be heard on Nov 25 for Abdul Razak and the government's application for Shaariibuu to pay a RM1 million as security for the action.

Altantuya's parents, Shaariibuu and Altantsetseg Sanjaa, and her two sons, Mungunshagai Bayarjargal and Altanshagai Munkhtulga, aged 11 and six, filed the suit on June 4, 2007, seeking RM100 million in damages over her death.

In their statement of claim, the family said her death had caused them mental shock and psychological trauma, entitling them to be compensated with exemplary and aggravated damages.